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Marijuana is still illegal at the federal level, which can create additional complications for some industries. Before you move on, I was hoping you would consider taking the step of supporting Spotlight PAs journalism either one time, or with a monthly gift.This article and all of our journalism are available to you at no cost thanks to our supporters. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. After employees lose their job, they can run into other problems. Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. If you value this reporting, please give a gift today at Before a drug test is verified as positive, a medical review officer (MRO) must first ask the individual whether he/she has a legitimate medical reason for testing positive. In Palmiter v. In lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative. 2022, His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. The tests dont tell you whether an employee was impaired at work.When Pennsylvania lawmakers successfully passed a medical marijuana bill in 2016, they set specific blood limits for users working in a few jobs: ones that require people to operate certain chemicals, high-voltage electricity, or any other public utility. Now join thousands of your friends and neighbors in supporting it. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. So, while a Medical Marijuana card will not show up on a federal background check, if you've had any run-ins with the law that are connected to marijuana use and/or possession (even if it was medical), you can still face problems if someone performs a . If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Many have been settled before a judge could rule on the merits of the case.Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. And what are the limitations? Department of Veterans Affairs Policy on Medical Marijuana It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. marijuana card at the time of the positive drug . They think they have a card and they are protected, like I did.. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Leise Hook best-of, and more. The tests dont tell you whether an employee was impaired at work. They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson. There are other activities that are designated zero tolerance at work, Auerbach says, meaning that you cant do them if you are under the influence of medical marijuana at work (but you still should be able to medicate off work hours). Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. of Health and talked to workers at various . Vaccinations. PaulaTexas patient. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA.After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. Employee Prescription Medications Form Additional Resources CDL Coordinators List Employee Guide to CDL Drug and Alcohol Testing OA-Workplace Support is available to assist with any substance abuse issues and can be contacted at 717.787.8575 or ra-workplacesupportservices@pa.gov. plus a daily puzzle. I'm a general assignment breaking news reporter. In some cases, employees alleged they were punished without even undergoing a drug test.In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. Residents of 33 states plus D.C can access medical marijuana. The Investigator (Weekly): Best accountability It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal., A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public., Mensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable., Still, Democrats on the committee raised concerns about how employers would judge impairment. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. So employers and employees are both left with a lot of ambiguity.. Still, he worries the company could find another reason to drug test him. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. Everyone deserves access to the facts. After the first visit, you will only need your marijuana card. The application process takes about 7 to 10 days on average. I felt that we were protected. You usually have to pay a fee to get this card. Christopher Baxter This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. Absent a change in federal or state law, thats not likely to change soon. They took what was a bright line rule and they completely muddied it up in a way that nobody can really make any sense out of, McCreary said of lawmakers. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation. spotlightpa.org/donate. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Among them:A worker at a Northumberland County distribution center was sent home and demoted after his medical marijuana card fell out of his wallet at work, his attorneys claimed in a lawsuit. The criteria usually include being a resident of the state and having a qualifying condition. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level.

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